Associate General Counsel & Procurement Director

Who We Are:

The Executive Office of Energy and Environmental Affairs seeks to protect, preserve, and enhance the Commonwealth's environmental resources while ensuring and promoting a clean energy future for the state's residents. Through the stewardship of open space, protection of environmental resources, and advancement of climate resilience and environmental justice. The Executive Office of Energy and Environmental Affairs works tirelessly to make Massachusetts a wonderful place to live, work, and raise a family.

Who We Serve:

Massachusetts was the first state in the nation to combine energy and environmental agencies under one Cabinet secretary. The Executive Office of Energy and Environmental Affairs ("EEA") serves Commonwealth residents interested in outdoor recreational activities, clean energy solutions, and those who work with animals and livestock. Equally, EEA works with energy consumers, power companies, clean energy providers, riders of public transit, farmers, cities, towns and organizations, and environmental justice populations to delicately balance the interaction with environmental protection laws and regulations while being a cornerstone for our economic prosperity.

The Executive Office of Energy and Environmental Affairs, Office of the General Counsel seeks applicants for Associate General Counsel & Procurement Director.

Under the direction of the General Counsel, the Associate General Counsel & Procurement Director position will serve two functions: 

(1) Associate General Counsel for EEA. The position will (a) administer and advise as to the Public Records Act, handling public records requests in cooperation with EEA agency counsel and press staff to ensure transparency and public access in accordance with the law; (b) oversee torts litigation affecting EEA and its agencies, including negotiation of settlements and oversight of outside litigation counsel, in order to protect the interests of EEA agencies and the public; (c) represent EEA agency personnel as witnesses in agency proceedings and deposition and trial testimony; and (d) assist the General Counsel and Deputy General Counsels with EEA's exciting and impactful policy, program, and regulatory work at the intersection of energy and environmental issues, preparing the Commonwealth for climate change and a clean energy future.

(2) Procurement Director for EEA. This position will (a) serve as the secretariat's lead contact with oversight agencies in matters of procurement; and (b) serve as the secretariat's reviewer of contracts for goods and services, and competitive grants. The position will hold several designations, including Secretariat Chief Procurement Officer, and Secretariat Supplier Diversity Officer. The position will be responsible for the overall management of the procurement function and contract management for EEA, as well as providing guidance to its agencies (Department of Agricultural Resources ("MDAR"), Department of Conservation and Recreation ("DCR"), Department of Energy Resources ("DOER"), Department of Environmental Protection ("MassDEP"), Department of Fish and Game ("DFG"), and Department of Public Utilities ("DPU")). The position provides oversight of the procurement of goods and professional services, as well competitive grant programs. As the in-house expert in the area of Massachusetts procurement processes, the position assists all the divisions and undersecretariats of EEA. The position will provide extensive guidance and direction to EEA staff on issues including contractor and vendor prequalification, contract negotiation, audit of contractors, amendments, performance monitoring and evaluation to ensure and maximize EEA's best value procurement, and compliance with the Commonwealth's statutes, regulations, policies, and procedures.

Specific role and responsibilities:

As Associate General Counsel, the position will:

Advise agency counsel and personnel with regard to requests under the Public Records Act, to ensure compliance and public access / transparency as to secretariat and agency public records.

Serve as Records Access Officer for EEA.

Assist General Counsel and Deputy General Counsels with review and analysis of proposed policies, programs, and regulations, regulatory proceedings, litigation, and other energy, environment, and climate-related initiatives.

Manage / advise in-house and outside counsel regarding tort claims against the secretariat and its agencies, including regarding settlement and litigation strategy.

Represent EEA agency personnel as witnesses in agency proceedings and depositions / trial testimony. 

As Procurement Director, the position will:

Manage and oversee the procurement function and contracts for EEA and provide guidance to its agencies.

Provide technical assistance and training to EEA managers and program staff in understanding and complying with all EEA and state procurement policies and procedures, federal compliance, as well as effective use of statewide contracts.

Support preparation and posting process for public procurement documents (RFRs/RFQs) via COMMBUYS and maintain a rolling tracker with status of all procurements and their corresponding funding source.

Provide guidance and direction to EEA staff on issues including contract and vendor prequalification, contract negotiation, audit of contactors, amendments, performance monitoring and evaluation to ensure and maximize EEA's best value procurement, and compliance with the Commonwealth's statutes, regulations, policies, and procedures. 

Serve as POC for both the Supplier Diversity Office and Operational Services Division.

Track and monitor supplier diversity, MBE and WBE compliance and participation, and related tasks.

Work with oversight agencies and counterparts from other EEA agencies on major strategic initiatives including procurement reform, performance contracting, contract monitoring.

Preferred Experience:

The successful candidate will be a talented all-around lawyer eager to have an impact in the energy, environment, and climate space; have solid working knowledge of procurement law and practice and the principles of the Public Records Act / FOIA; have the ability to manage multiple diverse tasks in an exciting, fast-paced environment; have experience in litigation; and have the ability to quickly learn and retain knowledge regarding the diverse missions of EEA's agencies and their governing law. 

The ideal candidate would have 2-5 years of legal experience, preferably with experience relating to contracts, public procurement, torts litigation, and public records. Experience and/or desire to work in the energy, environmental, and climate space is a plus. 

Experience with the Commonwealth's procurement processes, statues, and regulation is desirable.

Applicants must have a Juris Doctor (J.D.) degree and be admitted to the Massachusetts Bar (or commit to admission to the Massachusetts Bar within six months of start date). 

Detail-oriented and able to manage competing priorities and work well in a team environment.

Strong organizational skills, and ability to communicate clearly and effectively in oral and written form.

Must possess or complete within one year of start date, the certification as a Massachusetts Certified Public Purchasing Official (MCPPO).

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have at least (A) five (5) years of full-time or, equivalent part-time, professional, professional internship, administrative, supervisory, or managerial experience in a particular specialty (i.e. scientific, professional, or technical) and must possess current license and/or registration requirements established for the performance of the position or (B) any equivalent combination of the required experience and substitutions below.

Substitutions:

I. A certificate in a relevant or related field may be substituted for one (1) year of the required experience.

II. A Bachelor's degree in a related field may be substituted for two (2) years of the required experience.

III. A Graduate degree in a related field may be substituted for three (3) years of the required experience.

IV. A Doctorate degree in a related field may be substituted for four (4) years of the required experience.

An Equal Opportunity / Affirmative Action Employer.  Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.